12/06/2020
CRUELTY AS A GROUND FOR DIVORCE
Matrimonial matters are matters of delicate human and emotional relationship. It demands mutual trust, regard, respect, love and affection with sufficient play for reasonable adjustment with the spouse.
The relationship has to conform to the social norms as well. The matrimonial conduct has now come to be governed by statue framed, keeping in view such norms and changed social order.
Divorce in general means the breakage or dissolution of marriage with the help of law, so that one can leave his or her spouse and become free from marital duties with some exceptions.
INTRODUCTION:
Every Indian thinks that their life is not complete without marriage. They think that their survival is difficult without spouse. Every Indian girl are taught from very young age that making her husband happy and serving him is the only duty of her life. But no doubt we the women of this century do not believe in such a concept anymore.
Every relationship goes through different phases so does a marriage, but is it valid to abuse the rights that the spouses have over each other? A marriage never comes with a condition, in fact it is a tag to a relationship and no person marries to eventually get divorced. Everyone puts an effort to save their relationship by keeping aside all the differences because marriages in India hold major importance but things are different when you are no longer able to handle the situations.
The Supreme Court had examined the concept of legal cruelty in Dastane v Dastane (1975). In that case, the court held that the wife threatening she would end her life, and verbally abusing the husband and his father, among other acts, amounted to mental cruelty, and
granted divorce to the husband.
WHAT IS CRUELTY?
Cruelty refers to violent acts. However, a mere quarrel, petty outrageous behaviour or differences between the spouses does not come in the ambit of cruelty because this is something that is common in a day to day married life. Conducts that would amount to cruelty should be grave and severe in nature. Grave violence doesn’t always mean physical violence. Though physical violence is an essential factor that constitutes cruelty but apart from that a continuous process of ill-treatment or mental or physical torture to either of the spouse would also amount to cruelty.
LEGAL PROVISIONS:
The Hindu Marriage Act 1955 has given the legal provision for divorce on basis of cruelty under section 13(1)(ia) follows:
“Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party has, after the solemnization of the marriage, treated the petitioner with cruelty.”
CRUELTY IN THE EYES OF COURT:
There are various grounds for claim on basis of cruelty and types of cruelty, which are identified by the courts in their various judgments.
Treating spouse with disrespect, making false allegations, having an extra marital affair or making false allegations on spouse of having such affair and making their life miserable.
It is sufficient that if the cruelty is of such type that it becomes impossible for spouse to live together.
Making false allegations on spouse that they are emotionally unstable and require mental treatment.
Intention of harass, harm, torture, mental abuse, physical abuse, cruel treatment, cruelty could be easily establishes.
The constant manifestation of agony, rage with the addition of yelling or abusing at the spouse. And the list goes on. The conduct by either of the spouse should be of such a nature which should fall in the ambit of cruelty under the Matrimonial Law. The Court needs to look after all the background and circumstances because of which the couple wants to get separated. Basically, the Court has to investigate the reason for the deterioration of the marriage.
MAINTENANCE:
It is the duty of the husband to maintain his wife, children and family. If due to marital conflict wife is living separately then wife can move an application to the court claiming maintenance for her and her child.
When it comes to maintenance, I have seen in majority cases husband refused to pay maintenance to their wife and claims that they are earning meagre income or they lost their jobs and also claims that wife is qualified and capable of earning. I will suggest to pay maintenance on time anyway husband has to pay maintenance granted by the court.
JUDGEMNETS ON CRUELTY:
Smt. Mayadevi Vs. Jagdish Prasad, 21st February, 2007.
In a landmark judgement of Mayadevi v Jagdish Prasad, the Supreme Court held that mental cruelty faced by the husband can act as a ground for divorce.
Smt. Renuka Vs. Sangappa on 2 March, 2017. In this Judgment Karnataka High Court held that leaving away from your spouse amounts to cruelty.
Shobha Rani Vs. Madhukar Reddi (1988), Supreme Court.
In this case the Supreme Court held that a repeated demand for dowry by the husband or his relatives is a form of cruelty.
Anil Yashwant Karade Vs. Mangal Anil Karande, 23rd December, 2015.
In this case the Bombay High Court held that false implication of husband and his family members alleging offence under section 498A, 323, 504, 506 of IPC amounts to cruelty entitled to divorce.
Nirmala Manohar Jagesha Vs. Manohar Shivram Jagesha, 13th December, 1990.
In this case the Bombay High Court held that wife making irresponsible, baseless, and wildallegations of lack of manliness and impotency of husband amounts to cruelty.
Dr. Anita Rani Vs. Dr. Suresh Kumar, 26th February, 2015.
In this case the Pujab and Haryana High Court held that wife showing disrespect to husband and his family member amounts to cruelty.
CONCLUSION:
If you are having a toxic marriage and being harassed and tortured by spouse, psychically or mentally and wants to know whether act committed by your spouse amounts to cruelty contact a family law attorney near you.
